MATTER OF TRIGGS v. CAPRA

522431.

145 A.D.3d 1143 (2016)

2016 NY Slip Op 08141

41 N.Y.S.3d 441

In the Matter of BASHIR TRIGGS, Petitioner, v. MICHAEL CAPRA, as Superintendent of Sing Sing Correctional Facility, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 1, 2016.


A correction officer searched petitioner's cell believing that petitioner was in possession of a pair of sneakers that had been worn by a visitor who came to see him. During the search, he recovered an altered heating element, two unauthorized cooking items and a pair of sneakers that purportedly matched the description of those worn by the visitor. As a result, petitioner was charged in a misbehavior report with smuggling, possessing an altered item, possessing items in...

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